Fredericks v. Gladden

A petition for rehearing filed by the defendant was granted and this case reargued. After further con*327sideration I have concluded that the result of our former opinion was proper but that it should have rested on a more fundamental ground. In an effort to give due consideration to acts of the legislative department, the court failed to give adequate consideration to the exclusive power over reprieves, commutations and pardons vested by the constitution in the executive department of our government.

The provision of our constitution involved in this case is contained in Art V, § 14 as follows:

“He…